DUALITY HEALTH AND FITNESS TERMS AND CONDITIONS

Introduction:

These are our general Terms and Conditions between Duality Health and Fitness (we/us) and any person who uses, subscribes, or buys any services or products from us (“the Customer”, “subscriber” or “you”). Please ensure that you read and understand these terms and conditions before you use and/or subscribe this Website or subscribe or use the Website as you will be bound by them.

By visiting or using the any Duality Health and Fitness Website you agree to the following Terms and Conditions. Please read these Terms and  Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms and Conditions, you cannot access or use this Website.

This Website is provided by www.dualityhealthandfitness.com. By accessing and this Website you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to access and use the Website. Any violation of the terms herein will result in immediate termination of your account.

This Website is not intended for persons under 18 years of age.

1. Health

We strongly recommend that before starting any exercise, fitness, diet or weight loss plan you should seek medical advice. Duality Health and Fitness diets allow you to view all nutritional information of your diet programme. Before you start your plan we recommend you send this to a medical adviser before starting your diet. None of the information provided by Duality Health and Fitness is a substitute for medical advice or any medical treatment. You should not use our Website or our services if you are underweight, pregnant, or breastfeeding, or under 18 years of age, or if you have any medical condition which affects your dietary requirements. Any personalised plan should be presented to your doctor, nutritionist or your dietician to show them exactly what you intend undertake before you start any diet plan.

2. Account Terms

By registering with the Website you are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorised account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.

3. Acceptable Use

You shall not do any of the following or permit any other third parties to do any of the following:

1. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, untrue reviews on third party sites, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
2. Post or transmit any information or software that the sender is aware contains a virus, or other harmful component.
3. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
4. Account sharing, including, without limitation, letting third parties use your account and password.

4. Modification Of These Terms And Conditions:

Duality Health and Fitness reserves the right to change or modify any of the terms contained in these Terms and Conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms and Conditions and additional Terms or notices posted on the Duality Health and Fitness Website. 

5. Website Access

To use certain features of the Website, you will need a username and password, which you will receive through the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. We recommend that you use a unique password for this platform which is not similar to any other passwords you have for separate accounts. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

6. Electronic Communications And Data Protection

When you visit the Duality Health and Fitness Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. Your agreement and intent to be bound by electronic submissions applies to all communications you enter into on the Website and forums, and all records including notices of cancellation, policies, contracts, and applications.

Duality Health and Fitness is bound to comply with the principles of good practice in the processing of personal data. Details of Data Protection registration may be found on their Website www.dpr.gov.uk. Duality Health and Fitness is bound to comply with the principles of good practice in the processing of personal data. Details of Data Protection registration may be found on their Website www.dpr.gov.uk.

The personal data collected by us from you, may be utilised by us to contact you by mail, telephone, email, text message, or any other reasonable method. If you wish not to be contacted in regards to the marketing of our goods and services and those of any third parties, you can contact us by using the “contact us” function.

As a routine part of transacting business on the Website, Duality Health and Fitness may receive personally identifiable information from you such as, without any limitation, your name, address, email address, telephone number, email address, birth date, sex, weight and height, as well as information secured by Duality Health and Fitness service providers such as your credit card number, bank details and/or Paypal account details, telephone number and address (individually and collectively the “Personal Information”).

In an effort to secure your trust and confidence, Duality Health and Fitness has taken various measures to protect your privacy as it relates to your transactions conducted on the Website, or through any of Duality Health and Fitness active service providers (individually and collectively the “Affiliate(s)”), including without limitation.

By using the Website, you hereby agree, without limitation or qualification, to be bound by this Privacy Policy. If you do not agree to this Privacy Policy or to any revised version of this Privacy Policy, you should cease using this Website immediately.

When you provide Personal Information to the Website, you hereby consent to the manner in which Duality Health and Fitness and/or the Affiliates collect, manage, protect and disclose your Personal Information in accordance with the terms and conditions of this Privacy Policy.

Please note that this Privacy Policy applies only to Personal Information collected by the Website or through purchase of a subscription to the Duality Health and Fitness Programme. Duality Health and Fitness is not responsible for the privacy of any Personal Information you reveal or post in any public forum or Community Area (e.g., message board, news page, personal page, etc.), or for the privacy practices.

7. Copyright And Licences

This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, recipes and nutritional information, are the sole and exclusive property of Duality Health and Fitness. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any of its contents contained on the Website without the prior expressed written consent of Duality Health and Fitness. 

8. License

Duality Health and Fitness grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Duality Health and Fitness. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Duality Health and Fitness. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

Duality Health and Fitness authorises you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorisation shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

9. Third Party Links

For your convenience Duality Health and Fitness may provide, links to third party Websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Duality Health and Fitness does not make any warranty or representation regarding, and does not endorse, any linked Websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Duality Health and Fitness sponsors, endorses, is affiliated or associated with any linked third party Websites.

10. Applicable Law

By visiting and subscribing to the Website, you agree that the laws of Northern Ireland without regard to principals of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Duality Health and Fitness.

11. Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding Dispute Resolutions in Northern Ireland. Dispute Resolution under these Terms and Conditions shall be conducted under the rules as established by the Law Society of Northern Ireland. www.lawsoc-ni.org/alternative-dispute-resolution. 

12. Indemnification

You agree to indemnify, defend and hold harmless Website, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including legal fees, resulting from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or your use and access of the Website. 

13. Other Provision

Duality Health and Fitness’ non insistence upon or enforcement of strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions.

Duality Health and Fitness may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. Your continued use of the platform constitutes acceptance of this term.

If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.

14. Food Allergy Disclaimer

Duality Health and Fitness makes every attempt to identify all its ingredients in its recipes. Some ingredients may cause allergic reactions for those with food allergies. Subscribers should be aware of the risk of allergic reactions and should not attempt to prepare any recipe where there is a risk of allergic reaction to the subscriber. Every effort is made to ensure subscribers concerned with food allergies need to be aware of this risk. If you have any type of food allergy, please refrain from eating items from our recipe book. Duality Health and Fitness accepts no responsibility for subscribers allergens and/or food consumption from our recipes by third parties. 

15. Conduct Guidelines and Community/Forum Standards.

You acknowledge that all Content (as defined below) posted, emailed, or otherwise transmitted to or on the Website, whether posted at the request of Duality Health and Fitness or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings“), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to the Website. Duality Health and Fitness does not control the Postings posted, emailed or otherwise transmitted to or on the Website by others and, as such, Duality Health and Fitness does not guarantee the accuracy, integrity or quality of such Postings. Although Duality Health and Fitness has adopted community standards and conduct guidelines for its Members (as described below), you hereby acknowledge that by using the Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances shall Duality Health and Fitness be liable to you in any way for any Postings (other than for Content written by Duality Health and Fitness) including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use by you of any Postings posted, emailed or otherwise transmitted to or on the Website.

b.     You agree not to use the Website (including any Community Area) to:

i.      Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (at the sole discretion of Duality Health and Fitness);

ii.     Harm minors or vulnerable users in any way, or solicit or otherwise attempt to gain any information from a minor or vulnerable person;

iii.    Impersonate any person or entity, including, but not limited to any Registered User of the Website, a director, instructor, employee, or representative of Duality Health and Fitness or any other person or entity, or falsely state or otherwise misrepresent your affiliation with Duality Health and Fitness or any other person or entity;

iv.    Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through the Website;

v.    Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, copyright, right of privacy or publicity or other proprietary rights of any party;

Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas of the Website, if any, that are specifically designated for such purpose;

vi.  Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or systems;

vii. Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;

viii.   “Stalk”, Direct Message or otherwise harass another user Website or employee of Duality Health and Fitness;

ix.  Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Registered Users of the Website, including user names or other identification or passwords; or

x.   Access or attempt to access another Registered User’s Registered User Account without such Registered User’s consent.

xi.   Your right to use the Website (including any Community/Forum Area) and contribute to discussions on any Community Area is conditioned upon your compliance with these community standards and conduct guidelines set forth herein. Duality Health and Fitness may revoke your access to all or a portion of the Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to the attention of Duality Health and Fitness. Further, if you fail to adhere to the Duality Health and Fitness community standards and conduct guidelines, or any of these Terms and Conditions, Duality Health and Fitness may, in its sole discretion, terminate your use of, or participation in, any Community Area.

c.     Except as may otherwise be provided in the Duality Health and Fitness Privacy Policy, all Community Area communications including, but not limited to, chat, message board, news, group, and profile communications, are public, not private, communications. Duality Health and Fitness reserves the right to monitor some, all, or no areas of the Website (including any Community Area) for adherence to these community standards and conduct guidelines set forth herein or for any other purpose. You hereby acknowledge that by providing you with the ability to distribute Postings in any Community Area, Duality Health and Fitness is acting as a passive conduit for such distribution and Duality Health and Fitness is not undertaking any obligation or liability to you or any third party relating to any Postings or activities in any Community Area, nor does Duality Health and Fitness endorse any such Postings. Although Duality Health and Fitness hereby reserves the right to remove, without notice, any Posting for any reason, Duality Health and Fitness has no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. Duality Health and Fitness is not responsible for maintaining a copy of any material that has been removed from the Website, and Duality Health and Fitness is not liable for any loss you may incur in the event that Content you post or transmit to the Website has been removed.

16. ENTIRE AGREEMENT

The entire terms and conditions are an agreement between you and us. They form the entire basis of our relationship. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.

V 2, September 2024.